HELP... Marston Bailiff on my door... With no previous letters from them!!!

kayleighann_2

Marston Bailiff on my door... With no previous letters from them!!!

Hi,
Hopefully sombody might know what i should do...

I had a bailiff turn up at my door whilst i was at work and spoke to my partner, told him i owe them £345 by 7pm that day!
Else she would be back to remove goods!

I did phone her and she said they sent me a letter to my address last month... ( Which i have never recieved!!!)

Which has resulted in her coming personally and putting on a heafty charge

I have since, paid the £45 i owe Directly on the directgov website yesterday and have a reciept and they have also confirmed payment.

The bailiff has said in that case i still owe the £300 charge for their fees...
Told her i am unable to pay, so she said she will come bk with a locksmith!

My questions are...

Can they charge me if i have never seen a previous letter they have so say sent me???
If i had a previous letter the matter would have been delt with before the need for them to come to my address and add on that £300 fee

Can they still enforce a distress warrent even though the original fee has been paid directly to the courts money handling team???

Am i still liable for the £300 fee even though the original debt is now paid, and they didnt actually recover the original debt...???

I came across this in regards to the question above...

Case law says the bailiff is only paid by process of executution. The bailiff did not recover the debt, and he has not done the work. JBW Enforcement Ltd v City of Westminster [2009] EWHC 2697 (QB). The Judge ruled - if he (the bailiff) becomes entitled to charge fees, but does not continue with the execution process, he will not recover them and he cannot sue the debtor for them.

I am also 29 weeks pregnant, i have made the bailiff aware of this... But NOTHING...! That doenst matter she still needs paying!

I phoned the enquires line and the were useless, and said they have proof of posting and that i had to take it up with my local post office as to why i havent had the letter.

I have also Emailed the company for a copy of the letter they so say sent me last month, but i havent had a reply or anything from them yet.

Are they just trying to fob me off so that they can get the £300 fee from me for the bailiff attendance visit???

Any help to get this sorted ASAP as its really starting to worry me now.

Thanks

hallowitch

http://www.consumeractiongroup.co.uk/forum/showthread.php?357921-Marston-FPN-from-2008!!-help.(9-Viewing)-nbsp

replies on the consumer action group explain what you have to do

doing that will remove all bailiffs fees

fermi

Have copied your post to the Debt-Free Wannabe board, as I don't think CAB reps will be able to respond before next week now. There are people there who can hopefully help in the meantime.

EDIT: And one already replied here while I was doing that.

LovesDennys

The OP has a distress warrant. These are from a magistrates court.

I dont think that other forum is giving the right advice by telling the OP to contact the TEC.

CAB_Swansea_Bay_representative

Hi Keyleighann, thank you for your query regarding Marstons Bailiffs

Firstly is is difficult from your post to ascertain the type of debt the bailiff is collecting and therefore advise you on bailiffs' powers correctly. If this is a magistrates' court fine then the bailiff can, in certain circumstances, force entry into your home to levy on goods, you can find more information on bailiffs powers of entry for different debts at www.adviceguide.org.uk.

Regarding whether you can dispute charges for letters, unfortunately the bailiff company does not have to prove you have received the letters and does not usually send letters by recorded delivery (often letters are delivered by hand)but I would suggest you ask them for copies of letters sent, dates and charges and consider complaining but it is difficult to prove you did not receive letters they have sent.

Bailiffs do have guidelines from the National Standards for Enforcement Agents on dealing with vulnerable debtors including pregnant women so I would suggest you get a GP letter stating your pregnancy and stress bailiff action is causing and write to Marstons asking them to cease action due to your vulnerability. Unfortunately these are just guidelines for bailiffs to consider. If you have other debts and are struggling with repayments I would suggest you seek advice from a debt adviser. You can find details of your local Citizens Advice Bureau at www.citizensadvice.org.uk.

Reardig whether you will not have to pay the bailiff's charges now the orginal debt has been paid in full, the usual practice is that when an account is with a bailiff firm any payments received from the debtor go to pay off the bailiffs fees before going to pay the original debt and it is likely that the payment you made online would be transferred to bailiff towards their fees. Again we cannot advise accurately as it would depend on type of debt and also the agreement the bailiff has with the creditor but I would suggest you contact the original creditor and ask them what will happen to the payment you have made.

Hope this is of assistance.